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HomeMy WebLinkAbout04/18/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. DATE: April 18, 1991 CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * All Commissioners were present. (Commissioner Pomeroy arrived at 7:35 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of April 4. 1991: minutes Motion * Motion was made and voted on to approve the April 4, of 4 -4 -91 Ayes * * 1991, Planning Commission Minutes. MOTION CARRIED. Abstain Absent * x . Public Comments: Public - Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, April 12, 1991, in front of City Hall. COMMISSIONERS f CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX z z x Request for Continuances: Request for Director Hewicker stated that staff has requested that the following Continuance items be continued to the May 9, 1991; Planning Commission meeting: Item No. 1, General Plan Amendment No. 89 -2(A) and Amendment No. 732, regarding property located at 2001, 2011, 2031, and 2041 Mesa Drive; and Item No. 4, Site Plan Review No. 62 and Use Permit No. 3415, Majid Dezand, applicant, property located at 472 North Newport Boulevard, regarding a combined commercial /residential development. He recommended that Item No. 5, Use Permit No. 3417, Sola Development Inc.; property located at 4501 Birch Street, regarding the establishment of a medical office use in an existing office building, be removed from calendar until a traffic study and related environmental documents are completed. on * Motion was made and voted on to continue Items No. 1 and No. 4 to the May 9, 1991, Planning Commission meeting. MOTION .Absent CARRIED. A General Plan Amendment No 89- 2(A)(Public Hearing) Item No.i Request to consider an amendment to the Land Use Element of GPA 89 -2A the General Plan so as to redesignate properties northwesterly of A732 the adopted alignment for Birch Street /Mesa Drive in Santa Ana Heights, from Single - Family Detached to Administrative, Cont ' d Professional and Financial Commercial and to establish floor area to limits consistent with the. business park uses in the Santa Ana 5/9/91 Heights Specific Plan Area. AND B. Amendment No. 732 (Public Hearing) Request to consider an amendment to the Santa Ana Heights • Specific Plan District Land Use Plan so as to reclassify the -2- April 18, 1991 COMMISSIONERS MINUTES .d , . pd d dd �p �� of CITY OF NEWPORT BEACH ROLL CALL INDEX properties northwesterly of the adopted alignment for Birch Street /Mesa Drive in Santa Ana Heights from the R -1 (19,800) District to the Business Park District. INITIATED BY: The City of Newport Beach LOCATION: Lots 61 -64, Tract No. 706, located at 2001, 2011, 2031 and 2041 Mesa Drive, on the northeasterly side of Mesa Drive, between Acacia Street and Birch Street, in Santa Ana Heights. Motion Motion was made and voted on to continue General Plan Ayes * Amendment No. 89 -2(A) and Amendment No: 732 to the May 9, Absent * 1991, Planning Commission meeting to allow staff further time for further study. MOTION CARRIED. Use Permit No. 1995 (AAmgnded)(Public Hearing) Item No.2 Request to amend a previously approved use permit which UP1995A permitted the use of a relocatable modular building for a temporary retail flower establishment on property located in the P- Denied C District. The proposed amendment involves a request to approve two as-built relocatable buildings on the site for the temporary flower sales establishment; and to allow an existing outdoor work and storage area where the approved development indicated that all such activity would be located within the temporary building. The proposal also includes a request to install an off -site directional sign on Avocado Avenue for the temporary facility. LOCATION: Parcel 1 of Parcel Map 108 -46 (Resubdivision No. 560) located at 2166 East Coast Highway, on the northeasterly comer of East Coast Highway and Avocado Avenue, in Newport Village. • ZONE: P -C -3- COMMISSIONERS 0 ON� ,o \d� d CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL III Jill I INDEX APPLICANT: Joe Porto, Newport Beach OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, stated that Exhibit 'B ", Findings for Denial, were revised and distributed to the Planning Commission prior to the subject public hearing. Chairman Debay stated that the extension of Use Permit No. 1995, will be reviewed by the Modifications Committee in June, 1991. The public hearing was opened in connection with this item, and there being no one to appear before the Planning Commission, the public hearing was closed at this time. In response to questions posed by Commissioner Glover, Mr. Hewicker explained that the last extension of Use Permit No. 1995 was by the Modifications Committee at its June 24, 1986, meeting. William Laycock Current Planning Manager, explained that the applicant has a month to month lease with The Irvine Company. Commissioner Pers6n indicated that if the Planning Commission does not take action, the original use permit will expire in June, 1991, and if the business would continue to function after the expiration date, it would operate illegally. Mr. Hewicker explained that the approval of the original building will run out in June, 1991, unless extended. He said that if the extension would be denied by the Modifications Committee, the applicant could appeal the decision to the Planning Commission, or the Modifications Committee could refer the extension to the Planning Commission. Chairman Debay pointed out that the applicant's extension of the use permit to the Modifications Committee does not address the subject requests. In response to a question posed by Commissioner Glover with respect to road access to the establishment, Don Webb, City Engineer, explained that the applicant contacted The Irvine Company and the City regarding consideration to pave the access • road off of Avocado Avenue to the subject site. -4- COMMISSIONERS did �O 1 y� 0 '\\' CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX Commissioner Pomeroy indicated that it is difficult to enter the site from Avocado Avenue because of the chain link fence, and he said that the area surrounding the facility has deteriorated recently. Chairman Debay stated that Condition No. 6, Exhibit "A', requires the applicant to maintain the outside area in a clean and orderly manner. Motion Motion was made to deny Use Permit No. 1995 (Amended) subject to the revised findings for denial in Exhibit "B ". Commissioner Pers6n stated that there has been a constant problem with the applicant over the years based upon the current condition of the property, the lease is about to expire, the vehicular access to the subject site is inadequate, and the applicant has failed to- comply with previous conditions of approval. Commissioner Di Sano supported the motion based on the inaction by the applicant at the request of the City during the past few months to comply with previous conditions of approval, and the site has not been adequately maintained. The motion to deny Use Permit No. 1995 (Amended) subject to the All Ayes revised findings for denial was voted on, MOTION CARRIED. FINDINGS: 1. That there is not sufficient vehicular access to support either the approved or expanded temporary uses on the site. 2. That the applicant has failed to comply with previous conditions of approval, and has neither physically or visually maintained the site so as to be compatible with surrounding development. 3. That due to the development and improvement of surrounding parcels and the planned improvement of the existing site, the current use of the premises may no longer be appropriate and any expansion thereof is not compatible with surrounding land uses. All unauthorized buildings and signs shall be removed within 21 days. • 4. That the continued establishment or operation of the temporary buildings and use on the site will, under the -5- COMMISSIONERS O tin ��o �q A � CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood and the general welfare of the City. Use Permit No. 3414 (Public Hearing) Item No.3 Request to permit an existing commercial dry cleaning and laundry UP3414 facility on property located in the M -1 -A District. Approved LOCATION: Lot S, Tract No. 3201, located at 3720 Campus Drive, on the southeasterly side of Campus Drive, between Bristol Street North and Quail Street, across from the John Wayne Airport. • ZONE: M -1 -A APPLICANT: Sunny Fresh Cleaners, Newport Beach OWNER: ICI Properties, Newport Beach The public hearing was opened in connection with this item, and Mr. Greg Kearns, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". Commissioner Edwards pointed out that the applicant was contacted by the City in April, 1990, of the fact that the establishment was operating without a use permit, and it was not until after several requests to March, 1991, that the application for a use permit was submitted. Mr. Kearns explained that it was a lack of coordination between himself and his staff to request the use permit. Commissioner Di Sano stated that Condition No. 11, Exhibit "A ", allows the Planning Commission to bring back the use permit for review or revocation if the applicant does not comply with the • approved conditions of approval. -6- COMMISSIONERS April 18, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL III fill INDEX Mr. Kearns and Commissioner Pers6n discussed the letter from ICI Properties, dated February 6, 1991, regarding the required use permit. In response to a question posed by Chairman Debay, James Hewicker, Planning Director, stated that the establishment is currently complying with City requirements. Robin Flory, Assistant City Attorney, indicated that Condition No. 3, Exhibit "A ", requires the review and approval of the use of chemicals by the Fire Prevention Bureau. She explained that there were previous difficulties with the applicant to comply with hazardous material requirements. Mr. Kearns explained that the foregoing request is conducted yearly. In response to questions posed by Commissioner Glover and Commissioner Edwards, Ms. Flory explained that the there have been previous concerns regarding hazardous waste at the establishment's two locations; however, there has not been a problem with the State of California. • There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3414, All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That the proposed application is support service in nature and not an intensification of square footage of the existing structure, and as such, is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking exists on -site for the existing dry cleaning facility and the other uses on -site. 3. That the change in the facility to allow the retention of the on -site cleaning equipment does not have any significant • environmental impact. -7- COMMISSIONERS 110o� CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX 4. That the approval of Use Permit No. 3414 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved site plan and floor plan. 2. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 3. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 4. There shall be no outside storage of materials, supplies or • other paraphernalia likely to be objectionable to the adjacent property owners. 5. That any roof top or other mechanical equipment shall be screened from Campus Drive and adjoining properties. 6. That any outdoor trash containers shall be screened from view of adjoining properties and the public streets 7. That the cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 8. That the dry cleaning facility shall not be open for business prior to 7:00 a.m. or after 7:00 p.m. daily. 9. That all employees shall park on site. 10. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section . 20.80.090 A of the Newport Beach Municipal Code. -8- COMMISSIONERS CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL III Jill I INDEX 11. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. A. Site Plan Review No. 62 (Public Hearing) Item No.4 Request to permit the construction of : a combined sPR No .62 commercial /residential development in the Old Newport Boulevard Specific Plan Area where a Specific Plan has not yet been adopted. ursal5 Cont'd to AND 5/9/91 • B. Use Permit No. 3415 (Public Hearine) Request to permit the construction of a dwelling unit on property located in the C -1 District. LOCATION: A portion of Lot 3, Block 8, Tract No. 27, located at 472 North Newport Boulevard, on the southeasterly side of North Newport Boulevard, between Bolsa Avenue and Westminster Avenue, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 APPLICANT: Majid Dezabd, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant requested this item be continued to the Planning Commission meeting of May 9, 1991, so as to allow more time to redesign the • proposed project. -9- April 18, 1991 COMMISSIONERS I MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Motion * Motion was made and voted on to continue Site Plan Review No. Ayes * * * * * * 62 and Use Permit No. 3415 to the May 9, 1991, Planning Absent * Commission meeting. MOTION CARRIED. r »* Use Permit No. 3417 (Public Hearing) Item No.s Request to permit the establishment of a medical office use in an UP3417 existing office building on property located in the M -1 -A District. Removed LOCATION: Lot 12, Tract No. 5169, located at 4501 Birch from Calendar Street, on the northwesterly side of Birch Street, between Dove Street and MacArthur Boulevard, across from the Newport Sheraton Hotel. ZONE: M -1 -A APPLICANT: Sola Development Inc., Long Beach OWNER: Gerald J. Chazan, Glendale James Hewicker, Planning Director, stated that staff has recommended that this item be removed from calendar until such time as the traffic study and related environmental documents have been completed. A Use Permit No. 1889 (Review)(Continued Public Hearing) Item No.S Request to review a previously approved use permit which UP1889 permitted the construction of 2, two -story buildings for a mixture (Review) of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's UI'3412 Mile Specific Plan Area. Said approval also included a Approved modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off -street parking. The -10- COMMISSIONERS $� CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL 11 fill I INDEX proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. APPLICANT: Edward B. Robinson, Newport Beach AND B. Use Permit No. 3412 (Continued Public Hearing) Request to permit the establishment of a commercial wedding chapel /public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to approve an off -site parking agreement so as to allow a portion of the required off- street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonsbip Christian Bookstore). LOCATION: Site of boat repair, boat chartering and wedding chapel: A portion of Lot H, Tract No. 919, located at 2701 -2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. Site of Off -site parking: Parcel 3 of Parcel Map 90 -173 (Resubdivision No. 926), located behind property located at 2434 West Coast Highway. ZONE: SP-5 APPLICANT: Pacific Avalon Marine, Inc., Newport Beach OWNER: Bertha Robinson, Newport Beach . Commissioner Pers6n stated that on the basis that he is an Attorney who has represented sport fishing and excursion vessel -11- COMMISSIONERS A CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX businesses, and that there could be a potential conflict of interest, that he would step down from the dais. James Hewicker, Planning Director, stated that the City does not object to boat charter activities out of the subject location, and there is not specific problem with the use permit that is being requested for the general assembly area.. He indicated that staff has suggested the following conditions be added to Use Permit No. 1889 if the Planning Commission makes the determination that boat chartering is appropriate on the site and that the provisions under Chapters 5.18 and 17.41 of the Municipal Code are adequate to control said activity: Condition No. 27 would not allow a boat chartering operation that would interfere with the boat yard operation; Condition No. 28 would not allow the loading or unloading of passengers from the West Coast Highway right -of -way, or other public streets or alleys; and Condition No. 29 would give the Planning Commission the ability to bring back the use permit for review or modification of conditions if the operation would be • detrimental to the area. Commissioner Glover addressed the number of parking spaces for the wedding chapel, and William Laycock, Current Planning Manager, concurred that 24 parking spaces would be required for the use. The public hearing was opened in connection with this item, and Mr. Edward (Ted) Robinson, applicant, appeared before the Planning Commission. In response to questions posed by Chairman Debay, Mr. Robinson stated that he would concur with Exhibit "A"; on the basis that the tenant would agree with Exhibit "A ", and the foregoing conditions. In response to a previous request at the April 4, 1991, Planning Commission meeting, Mr. Robinson explained an exhibit provided by the applicant of the proposed dock area that would be utilized by the shipyard and the charter boat operation. In response to a question posed by Commissioner Edwards with respect to Mr. Robinsods letter dated April 16, 1991, Mr. Robinson explained that the charter boat operation requested a continuance. of the subject public hearing for 30 days because the operation believed that the conditions of approval could not be • met. Mr. Robinson stated that the conditions would eliminate any boat charter in the bay because the suggested conditions are based -12- April 18, 1991 COMMISSIONERS `�°� : CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX upon the maximum number of people that could be accommodated daily and the applicant would be required to provide permanent parking spaces for the maximum number of people. In response to a question posed by Chairman Debay, Mr. Laycock explained that if the Planning Commission had a desire to establish limits for the boat charter activity, Findings No. 8 thru 12 and Conditions No. 27 thru 32 as stated in the staff report, should be added to Use Permit No. 1889. He pointed out that Finding No. 12 requires a minimum 3 year lease for the use of the off -site parking area. Mr. Laycock explained that if it is the desire of the Planning Commission to not include the foregoing conditions to Use Permit No. 1889 and add the foregoing Conditions No. 27, 28, and 29 as discussed by Mr. Hewicker, then the three year limit would no longer be in effect and the charter boat service would be processed through the Business License Division. Chairman Debay stated that it was her impression given by • previous testimony from the Marine Department and the Business License Division, that the existing Harbor Permit and Use Permit procedures would be sufficient if the Planning Commission added Conditions No. 27, 28, and 29 as previously stated. Mr. Robinson stated that it was his first impression and now a misunderstanding, that Findings No. 8 thru 12 and Conditions No. 27 thru 32 were additional requirements to Use Permit No. 1889. He stated that his concern with respect to Condition No. 12 regarding the 3 year lease was that the lot owner would have total control of the off -site parking area and the charter boat operator would be at the discretion of the lot owner. In response to a question posed by Commissioner Di Sano regarding the suggested foregoing additional Conditions No. 27, 28, and 29 to Exhibit "A ", Use Permit No. 1889, Mr. Robinson replied that he would agree to the conditions if said conditions would be agreeable to the boat charter operator. Mr. Hewicker explained said conditions would allow the boat charter operator to work with the Marine Department or the Business License Division, and the operator would not be required to provide a fixed off -site parking lot for any period of time, and the off - loading could be provided by • shuttle van or another arrangement that could be made with the Marine Department or the Business License Division. -13- COMMISSIONERS CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX In response to a question posed by Commissioner Di Sano, Mr. Robinson agreed with the findings and conditions in Exhibit "A" (Revised), Use Permit No. 3412. Commissioner Glover and Assistant City Attorney Flory discussed the policy of the property owner and the applicant agreeing with the findings and conditions in Exhibit "A" (Revised). Mr. Roy King, applicant, Pacific Avalon Marine, Inc., appeared before the Planning Commission. Chairman Debay reviewed the foregoing suggested additional findings and conditions in the staff report that were submitted for the Planning Commission by staff. Mr. King agreed with suggested Conditions No. 27, 28, and 29, Use Permit No. 1889, and the findings and conditions in Exhibit "A" (Revised), Use Permit No. 3412. Mr. King referred to the findings and conditions that would establish more definable limits for the boat chartering activities on the site that were suggested by staff to be added to Use Permit No. 1889. He objected to Condition No. 27, as stated in the staff report, limiting boat chartering activity to • a total passenger load of 225 after 6:00 p.m. Monday through Friday, 204 passengers on Saturday; and 225 passengers on Sunday and holidays, and boat chartering activity shall not be permitted before 6:00 p.m. Monday through Friday. Mr. King indicated that he would prefer to continue to maintain the permit process of the boat charter operation through the Marine Department or the Business License Division. In response to questions posed by Commissioner Edwards with respect to providing parking for the charter boat operation, Mr. King explained that it is difficult to locate a landlord that would lease a parking lot for three years. He said that the applicants recently obtained and executed a maximum off -site parking lease of one year that is renewable on a yearly basis. King and Mr. Hewicker discussed Condition No. 27, Use Permit No. 1889, regarding the limits of the boat chartering activity. King explained that the applicants provide the Business License Division with a paper from a property owner of an offsite parking lot, indicating that the operators have obtained parking paces for the boat passengers. He further explained that buses are of parked on City streets, and the operators have signed a lease • with a property owner for bus parking. Mr. Hewicker explained at Condition No. 27, Use Permit No. 1889, indicates the number -14- COMMISSIONERS Od gdd_d CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL 11 Jill I INDEX of parking spaces that are available on site and off -site, and the numbers do not reflect boat passengers arriving by bus. Mr. King indicated that on site parking is not available until after 6:00 p.m.; however, he indicated that an off -site parking area is available 24 hours a day. In response to questions posed by Commissioner Glover, Mr. King explained that the boat charter previously rented parking spaces on a daily basis prior to the operators obtaining the aforementioned parking lease. Mr. King reviewed the application procedure that is required by the City to process a permit with either the Marine Department or the Business License Division. He stated that the operators provide passengers with information of authorized parldng spaces prior to the day of the boat's departure. Commissioner Glover stated her concern with respect to providing the businesses located on the property with necessary parking spaces inasmuch as the boat charter could affect the business of said tenants. Mr. King stated that the boat charter operators patrol the parking lot so as to prohibit illegal passenger parking. Commissioner Edwards addressed Use Permit No. 1889, suggested Finding No. 12 as stated in the staff report regarding a 3 year off - site parking lease, and he suggested that the finding could be modified to state "..provisions for off -site parking is necessary so as to be of sufficient direction of the proposed use..:'. He further addressed Condition No. 30 regarding an off -site parking agreement and he suggested a modification to the condition that would include "to be directed by the Marine Department." Mr. King responded that the operators currently are required to obtain roof that there is available parking prior to obtaining a permit from the City. Commissioner Edwards addressed Use Permit No. 1889, suggested Condition No. 27, and Mr. King stated that he would concur with the condition if the charter activity would be allowed to operate prior to 6:00 p.m. as long as he provided off -site arking. Mr. King and Commissioner Glover discussed the feasibility of daytime chartering and off -site parking. There being no others desiring to appear and be heard, the public • Baring was closed at this time. -15- COMMISSIONERS `O W a CITY OF NEWPORT BEACH April. 18, 1991 MINUTES ROLL CALL 11 Jill I INDEX Commissioner Edwards indicated. that suggested Use Permit No. 1889, Findings No. 8 thm 12 and Conditions No. 27 thru 32 as stated in the staff report, would give the Planning Commission the authority to administer the boat charter business, and he stated that he was not certain if the Planning Commission should be responsible for boat charter operations. He suggested that Condition No. 29 be added and modified to Use Permit No. 1889 as follows: "...upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, including but not limiting to provisions for adequate off- street parking." Commissioner Pomeroy supported the foregoing comments on the basis that the boat charter business is foreign from what the Planning Commission normally discusses in parking usage, and it would not be appropriate for the Planning Commission to usurp the provisions of the Marine Department or the Business License . Division. Motion * Commissioner Di Sano made a motion to approve Use Permit No. 1889 (Review), and add Condition No. 27 regarding docking of oats, No. 28 regarding loading or unloading passengers from West Coast Highway or other public streets or alleys, and Condition No. 9, that would give the Planning Commission the authority to add r modify conditions of approval to the use permit upon a etermination that the operation is detrimental to the community, d to add further that the Planning Commission is concerned with arking, including but not limited to adequate provisions Ayes * * * * * oncerning off - street parking. Motion was voted on, MOTION Absent CARRIED. E PERMIT NO. 18 Conditions: 7. That the docking of boats associated with boat chartering activities originating from the subject property, shall be conducted in a manner so as not to obstruct the free and clear access to the marine ways facility operated in • conjunction with the existing boat repair facility. -16- COMMISSIONERS .4 CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX 28. That buses or passenger vans shall not be permitted to load or unload passengers from the West Coast Highway right -of- way, or other public streets or alleys. 29. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, and including but not limited to provisions for adequate off -street parking. Motion Motion was made and voted on to approve Use Permit No. 3412 Ayes * * subject to the findings and conditions in Exhibit "A" (Revised). Absent * MOTION CARRIED. •USE PERMrr NO, 3412 A. Findines: 1. That the proposed project is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate on -site parldng exists to serve the subject wedding chapel /public assembly use. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. -17- COMMISSIONERS W A CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL il Jill I INDEX 6. The approval of Use Permit No. 3412, under the circumstances of this case will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the subject project shall be in substantial conformance with the approved site plan and floor plan. 2. That the wedding chapel /public assembly use shall be permitted to operate only in conjunction with the boat chartering activity permitted by Use Permit No. 1889 as reviewed and amended by the Planning Commission on April 4, 1991, or when no boat chartering activity is being conducted from the property. . 3. That the wedding chapel /public assembly use shall not exceed 805.5± sq.ft. of floor area. 4. That a minimum of 24 on -site parking spaces shall be provided for the proposed use. The use of the wedding chapel /public assembly area shall only be used after 6:00 p.m. Monday through Friday, and on Saturdays, Sundays and holidays. 5. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 6. That no valet or tandem parking shall be permitted in the on -site parking area. 7. That all improvements be constructed as required by Ordinance and the Public Works Department. 8. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. -18- COMMISSIONERS CITY OF NEWPORT BEACH April 18, 1991 MINUTES ROLL CALL INDEX 9. That the applicant shall comply with all provisions of the Building Code and Fire Code as they apply to buildings and floor area used for public assembly uses and that the applicant shall obtain the Building Department's approval of a new Certificate of Occupancy for public assembly. 10. That the applicant shall obtain the approval of the Coastal Commission prior to the operation of the wedding chapel /public assembly use. 11. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12. That this Use Permit shall expire unless exercised within 24 • months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Discussion Item: Discussion Item Amendment No. 733 No 1 Request to consider amending Title 20 of the Newport Beach Municipal Code so as to permit additional uses in Specific Plan . fo set for 5J9/91 Areas. Motion Motion was made and voted on to set Amendment No. 733 for Ayes * public hearing on May 9, 1991. MOTION CARRIED. Abstain s s ADJOURNMENT: 8:33 p.m. Adjourn. THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -19-